Plaintiff, decedent's widow, brought an
action against defendants, asbestos manufacturers and distributors,
for damages resulting from decedent's death from asbestosis. The
United States District Court for the District of Columbia granted
summary judgment in favor of a manufacturer. The widow
appealed.

CASE FACTSThe decedent installed asbestos
fireproofing products. The manufacturer contended that the widow
failed to show that the decedent was exposed to any of its products.
In opposition to the motion, the widow submitted a letter from an
executive of decedent's former employer describing decedent's use of
a particular asbestos product. In response to interrogatories, the
widow listed the executive as a witness.

DISCUSSION

The court held that the
manufacturer was not entitled to summary judgment because the record
contained sufficient evidence to create a genuine issue of material
fact with respect to the decedent's exposure to the particular
asbestos product.

The court found that the record reflected a direct
link between the manufacturer and the product because:

(1) the letter
reflected knowledge of the decedent's exposure to the product and
that its maker was a corporation now owned by the manufacturer;

(2)
the author of the letter could testify to the facts contained
therein; and

(3) the manufacturer submitted documents recording its
sale of the asbestos product to decedent's employer during the period
of his employ.

CONCLUSIONThe court reversed the district court's
decision granting summary judgment in favor of the manufacturer.

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